An Abuja based housewife, Mrs Jamila Sidi Sirajo Tafida, has approached the Sharia Court of Appeal, challenging the judgement of the Upper Area Court sitting in Kado, that had granted custody of her three children to their father, Mohammed Tafida.
Mohammed is the son of Ambassador Dalhatu Tafida, a former Senate Leader and erstwhile Nigerian High Commissioner to the United Kingdom.
On October 25, 2021, Justice Muktar Ado of the court, granted custody of the children to the plaintiff, Mohammed Tifida.
Dissatisfied with the decision of the court, the applicant/appellant (Mrs Jamila), in a motion on notice marked MON/31/2021, drawn from the plaintiff’s suit marked CV/26/2021, is praying the court for an order of stay of execution of the judgment, pending the determination of the appeal.
In the instance suit, Mrs Jamila Tafida is also urging the court to set aside the earlier order because it was obtained without the notice of the applicant/appellant.
The move, according to her, is in contravention of the Area Court Civil Procedure Rules, Order 5 Rules 1-5.
A statement of facts in support of the motion on notice for stay of execution was deposed to by one Muhammed Ozavize, a litigation secretary in the law firm of A.M Wakili Kullu Hayyun & Co.
In the statement, the deponent alleged that the appellant has given notice to the court that she is dissatisfied with the judgement and so she would appeal.
“That on 3rd November 2021, the court ordered enforcement team of Sharia Court of Appeal to go and attach all the 3 children of the appellant from her to give to the father without any notice to the appellant/applicant to execute the judgement”.
It was averred that all the children of 2 years, 4 years, and 9 years are to be taken to Pakistan, which according to the appellant, “would deny the mother access to her children”.
The appellant posited that if the application for stay of execution is not granted, the final decision on appeal to the appellant would be rendered nugatory.
In his written address, counsel to the appellant, Adamu Wakili, stated that all necessary fees had been paid to Sharia court of Appeal.
“We have also applied to this court for record of proceedings and paid the cost but yet to be received.
“While all these efforts were on, to our surprise, an exparte motion or application either orally or in writing was entertained by the court and the applicant was seriously harassed to surrender her children to the father who is on his way to Pakistan with all of them.
The appellant’s lawyer argued section 36 of the 1999 constitution provides for fair hearing, stressing that “Since the aggrieved appellant/applicant has the right to appeal, she should be allowed to be heard before any step would be taken not to render her success on appeal nugatory.
“This is because once the children are taken to Pakistan far away from your jurisdiction, your court cannot bring them back” the lawyer submitted.
“The appellant cannot even have access to the children. This court should show mercy because one of the attributes of Allah (S.W.T) is that, he is Ar-Rahman (The Merciful).’’
Arguing further in the written address sighted by newsmen, Wakili said Order 5 rule 1-5 provides for application by motion on notice to the other party.
“By hearing the judgement creditor alone and proceed in execution is against the Hadith of Prophet Muhammad (S.A.W) where he said to Saidina Ali not to decide a complaint from one person without hearing from other person.
He therefore urged the court to grant the application in the interest of justice, equity and good conscience
Source:PEOPLES DAILY
